Suspensions and Revocations for Out-of-State Situations
Navigating a driver’s license suspension or revocation for an Illinois resident can be frustrating enough. Imagine if you are an out-of-state resident who ends up with a license suspension from Illinois. What does this mean for your home state? Is your driver’s license suspended there as well? And since you likely do not have an Illinois driver’s license, how can the state suspend your license? What if you are an Illinois resident whose license was suspended while you were in another state?
To be sure, this is a complex issue. Interstate agreements require all states to notify one another when a person has had his or her driver’s license suspended in a state where he or she does not reside. Infractions like a DUI or leaving the scene of an accident can result in the state where the infraction occurred and your home state suspending your driver’s license. If you have questions regarding an out-of-state driver’s license suspension, it can be beneficial to speak to an experienced Aurora, IL driver’s license suspension lawyer.
Is a Driver’s License Suspension and Revocation the Same?
If you have received a driver’s license suspension, you have also been given a definitive date when your license can be reinstated, assuming you complete all requirements. A driver’s license revocation remains in place until you take specific actions to remove the revocation. Those actions might include attending an administrative hearing. If your Illinois driving abstract provides a projected reinstatement eligibility date, this is the first date that you can request your full driving privileges to be reinstated.
DUI-Related License Suspensions
If you are an Illinois driver, you can have your Illinois driver’s license suspended if you refuse a chemical test during an out-of-state DUI stop. Even if you go to trial for the out-of-state DUI and you are found not guilty, your Illinois driver’s license suspension will remain in place until the end of the suspension term. Your driver's license can be suspended if you are from another state but receive a DUI while in Illinois.
Your home state will be notified, and your license will almost certainly be suspended there. If you left Illinois following a DUI and moved to another state, you could have a hold placed on your license that prevents you from obtaining a driver’s license in your new state. In some cases, you may be able to have the hold lifted through a successful hearing for an out-of-state clearance if you meet all eligibility requirements.
Offenses Committed in Another State by Illinois Residents
If you are an Illinois resident and commit an offense while in another state that would have resulted in a suspended driver’s license in Illinois, the Illinois Secretary of State is likely to suspend your Illinois driver’s license. You will be required to address the penalties in the state where the offense occurred, which can include out-of-state court appearances, significant fines, and possibly the installation of an ignition interlock device. Once you meet all out-of-state requirements, you can petition for an Illinois driver’s license reinstatement.
If You Are Not an Illinois Resident, Must You Personally Attend Your License Reinstatement Hearing?
If you live outside Illinois, the state may allow you to submit an out-of-state packet rather than attending an Illinois reinstatement hearing in person. There is a benefit to returning to Illinois for an in-person reinstatement hearing, as a decision must be made within 90 days from the date of the hearing. If you choose to submit an out-of-state reinstatement packet, the Secretary of State has 180 days to make a decision.
Contact a DuPage County, IL Driver’s License Reinstatement Lawyer
Whether you are an Illinois resident who received a license suspension while out of state or an out-of-state resident who received a license suspension in Illinois, it is important that you have an experienced legal advocate by your side. Speaking to a Naperville, IL driver’s license reinstatement attorney from Law Office of Patricia Magaña, LLC can potentially make a difference in the outcome of your license suspension. To schedule a free consultation, call 630-448-2001. Our attorney speaks Spanish.